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(영문) 의정부지방법원고양지원 2014.09.25 2013가단43447
가등기말소
Text

1. The plaintiff's primary and conjunctive claims of this case are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 20, 2012, Defendant B lent KRW 90,000 to D, and agreed with D to obtain provisional registration as to the real estate listed in the separate sheet in the Plaintiff’s name (hereinafter “instant real estate”) for the purpose of securing the foregoing loan claim. Defendant B received from D a certificate of personal seal impression, a certificate of personal seal impression, a certified copy of a resident registration, a copy of a driver’s license, and a document for confirmation of a person liable for registration with the Plaintiff’s unmanned seal affixed thereon.

B. On February 21, 2012, Defendant B delegated Defendant C, a certified judicial scrivener, to file an application for provisional registration of the right to claim ownership transfer on the instant real estate, and Defendant C, on behalf of the Plaintiff and Defendant B, applied for provisional registration of the right to claim ownership transfer on the ground of a pre-sale agreement as of February 21, 2012, No. 2009, which was received on February 21, 2012, and applied for provisional registration of the right to claim ownership transfer on behalf of the Plaintiff and Defendant B.

(hereinafter “Provisional Registration of this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 3-8, and the purport of the whole pleadings.

2. Grounds for the claim;

A. The main claim D is that the provisional registration of this case was completed against Defendant B in order to secure his obligation to borrowed money without being delegated by the Plaintiff with respect to the establishment of the provisional registration, and thus the said provisional registration should be cancelled.

B. If the provisional registration of this case is valid in the conjunctive claim, Defendant C was grossly negligent in the course of the business of completing the provisional registration of this case by using the confirmation document delivered from D without directly communicating the Plaintiff or not notifying the provisional registration of this case. Accordingly, the Plaintiff incurred damages corresponding to KRW 90,000,000 of the principal and interest of the bonds secured by the provisional registration of this case, thereby claiming damages against the Defendant C.

3. Judgment on the main claim against Defendant B

A. A. A third party is not a disposal by the direct disposal of the former registered titleholder, but by such disposal.

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